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Common Law living requirement

missmypartner

Full Member
Sep 20, 2019
24
5
United States
Category........
FAM
Hello all,
I am new to this forum. My partner received Canadian PR and moved to Canada in April of 2019. Previously after 7 years of dating we moved in together in April of 2018 as we knew we needed to live together for 12 months for him to sponsor me for PR. In January of 2019, I was transferred for work about 4 hours from our home. I had to get another apartment as I could not drive 8 hours a day, but I came home every weekend and structured my schedule so I could have three days off to come back home. We continued to pay bill in both our names from our primary address, have shared bank accounts ect... As we preparing our application, I see there are considerations made for time apart, but would our situation not even be worth applying under the Common Law class? I would appreciate any comments or advice. Thanks all
 

StephanH

Hero Member
Feb 20, 2019
552
180
Category........
Hello all,
I am new to this forum. My partner received Canadian PR and moved to Canada in April of 2019. Previously after 7 years of dating we moved in together in April of 2018 as we knew we needed to live together for 12 months for him to sponsor me for PR. In January of 2019, I was transferred for work about 4 hours from our home. I had to get another apartment as I could not drive 8 hours a day, but I came home every weekend and structured my schedule so I could have three days off to come back home. We continued to pay bill in both our names from our primary address, have shared bank accounts ect... As we preparing our application, I see there are considerations made for time apart, but would our situation not even be worth applying under the Common Law class? I would appreciate any comments or advice. Thanks all
My guess is that you do not qualify for common-law... You need to be living 12 months straight together with some time for little vacations or work related... Maybe 2 weeks.
 

jddd

Champion Member
Oct 1, 2017
1,516
565
Did your partner land for the first time in April 2019? Were you included in the PR application as a common-law partner?
 

StephanH

Hero Member
Feb 20, 2019
552
180
Category........
Did your partner land for the first time in April 2019? Were you included in the PR application as a common-law partner?
They were just dating at that time, why the need for PR to had her has common-law? This is only for her application that she need to put common-law if they cohabited for one year already.

EDITED: OOPs my bad, I see they were living together in 2018... Yep he should have put common-law in his application but only if you have already lived 12 months continuously.
 

starnaenae

Champion Member
Aug 9, 2016
2,792
837
Category........
FAM
Visa Office......
Mexico
App. Filed.......
March 1 2017
Doc's Request.
March 27, 2017, July 10, 2017
AOR Received.
AOR 1:March 17 2017 AOR 2: May 10, 2017
File Transfer...
April 8, 2017
Med's Request
Upfront - PASSED
Med's Done....
December 12 2016
Interview........
NOT REQUIRED
Passport Req..
March 5, 2018
VISA ISSUED...
March 13, 2018
LANDED..........
April 30, 2018
You dont qualify as common law. You have to had been living together for 12 consecutive months
 

starnaenae

Champion Member
Aug 9, 2016
2,792
837
Category........
FAM
Visa Office......
Mexico
App. Filed.......
March 1 2017
Doc's Request.
March 27, 2017, July 10, 2017
AOR Received.
AOR 1:March 17 2017 AOR 2: May 10, 2017
File Transfer...
April 8, 2017
Med's Request
Upfront - PASSED
Med's Done....
December 12 2016
Interview........
NOT REQUIRED
Passport Req..
March 5, 2018
VISA ISSUED...
March 13, 2018
LANDED..........
April 30, 2018
Did your partner land for the first time in April 2019? Were you included in the PR application as a common-law partner?
I would imagine not as common law had not been established and still has not been
 

scylla

VIP Member
Jun 8, 2010
95,834
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello all,
I am new to this forum. My partner received Canadian PR and moved to Canada in April of 2019. Previously after 7 years of dating we moved in together in April of 2018 as we knew we needed to live together for 12 months for him to sponsor me for PR. In January of 2019, I was transferred for work about 4 hours from our home. I had to get another apartment as I could not drive 8 hours a day, but I came home every weekend and structured my schedule so I could have three days off to come back home. We continued to pay bill in both our names from our primary address, have shared bank accounts ect... As we preparing our application, I see there are considerations made for time apart, but would our situation not even be worth applying under the Common Law class? I would appreciate any comments or advice. Thanks all
You are not common law and don't qualify to apply as such.
 

jddd

Champion Member
Oct 1, 2017
1,516
565
I would imagine not as common law had not been established and still has not been
i get that. But they seem to have planned to declare it as such. I was gonna say they are lucky they were unable to qualify for common law because it looks like they are unaware that not being declared will be misrepresentation. That’s what i was alluding to.